I am certain there are prosecutors in MD that would claim this to be an act of aggression itself. Only acts of de-escalation are acts of de-escalation.
Home Invasion
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I am certain there are prosecutors in MD that would claim this to be an act of aggression itself. Only acts of de-escalation are acts of de-escalation.
Look, if I walk in and the burglar is a threat, it will be dealt with appropriately. It does not matter why the person is in there. A threat is a threat, however one determines their life was in danger
Like I said, if you know there's someone and you still go in, then you created the deadly force situation, and that's not good.
That's when it gets murky.
Are they going to just runaway?
Are they muttering "I will kill you when I get back!"?
Are they turning to confront you?
If that is the case, and they are not attempting to attack you, then you cannot use deadly force. Basically, when they have left and it's safe to do so, remember the best description possible and call 911.
In Maryland, the use of deadly force during a PROPERTY crime is not recognized by the court as justifiable according to case history and law.
iH8DemLibz
When All Else Fails.
The burglar deescalated the situation, is no longer a threat, and has expressed a desire to leave.
Does the home owner attack the burglar in order to detain them?
Is that kidnapping? Assault?
iH8DemLibz
When All Else Fails.
That is the correct answer.
Probably correct. However, what I meant in my statement is that if they comply to be detained, great. I'll handcuff them, call 911 and wait. But, if they decide to (or attempt to) use force, I will meet that force.
The homeowner would become the assailant.
You have civil arrest powers, and can demand compliance. Notice I did not use "force"?
If the burglar is stupid enough to stick around, that's on him.
Correct. At a minimum the victim would then be turned into the aggressor and would most likely be charged with either 1st Degree Assault (if the burglar lived), or a variant of Homicide if the burglar was killed.
Maryland law and case history sucks.
I don't disagree at all regarding a threat. However, this is when the threat must be articulated.
iH8DemLibz
When All Else Fails.
All of these correct and reasonable answers today.
What in the hell is going on roun here?
The Left has us made out to be blood thirsty, gun wielding, maniacs who want to shoot, kill, and maim anything that moves.
Yep.
Unfortunately, Maryland political ideology (our politicians and the left) and state laws do not afford the law-abiding citizen much protection. It's sad and sickening.
iH8DemLibz
When All Else Fails.
More truth.
- Dec 20, 2013
- 12,340
Generally speaking, you're legally able to defend yourself with lethal force if you're facing an immediate, otherwise unavoidable threat of death or grievous bodily injury and you or those in your charge are innocent (i.e., you did nothing to instigate the threat). Further, if the threat enters your home whilst you're there, the threat may not need to be "unavoidable" (i.e., you have no requirement to attempt to escape from your own home).
That said, if the home invasion takes place within a nanny state (e.g., Maryland), you'd best be a fully paid-up CCWSafe (or similar) member with all the add-ons, have a lengthy paper trail demonstrating you've got all of the requisite licensing/training that any "reasonable" mommy (or her genetically male counterpart) could possibly think of and haven't modified your defensive tool with anything that could be construed (by an ignorant fool or [useful] idiot) as demonstrating planning and/or malicious intent. Keep your fingers crossed, have super-human patience and you may be alright....in the end.
- Feb 19, 2013
- 18,751
DMTNT
Were they locking it...? As in to lock you in? How do you know?
- Feb 4, 2013
- 28,175
Maryland is not technically Castle Doctrine.
https://en.wikipedia.org/wiki/Right_of_self-defense_in_Maryland
In Maryland it is mainly case law, not actual State laws the govern these.
- Feb 4, 2013
- 28,175
Even in a Stand Your Ground State, that would be a bad thing.
This is a good thing. Attacking these.
Correct. No duty to retreat in your home still stands as common law.
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